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67062 Federal Register/Vol. 69, No. 220/Tuesday, November 16, 2004/Rules and Regulations

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999).

This rule is not subject to Executive

Order 13045, "Protection of Children

from Environmental Health Risks and

Safety Risks" (62 FR 19885, April 23,

1997), because it is not economically

significant.

The requirements of section 12(d) of

the National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272) do not apply to this rule because

it imposes no standards.

This rule does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.).

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report to Congress and the

Comptroller General. However, section

808 provides that any rule for which the

issuing agency for good cause finds that

notice and public procedure thereon are

impracticable, unnecessary, or contrary

to the public interest, shall take effect at

such time as the agency promulgating

the rule determines. 5 U.S.C. 808(2).

EPA has made such a good cause

finding, including the reasons therefor,

and established an effective date of

November 16, 2004. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This rule is not a "major rule" as

defined by 5 U.S.C. 804(2).

Under section 307(b)(1) of the CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by January 18, 2005. Filing a

petition for reconsideration by the

Administrator of this final rule does not

affect the finality of this rule for the

purpose of judicial review nor does it

extend the time within which petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Intergovernmental

regulations, Particulate matter,

Reporting and recordkeeping

requirements.

Dated: October 13, 2004.

Keith Takata,

Acting Regional Administrator, Region IX.

[FR Doc. 04-25299 Filed 11-15-04; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA120-REC; FRL-7837-9]

Corrections to the California State

Implementation Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the deletion

of various local rules from the California

State Implementation Plan (SIP) that

were incorporated into the SIP in error.

These primarily include rules

concerning procedures before the local

hearing board, local fees, enforcement

authorities, posting of permits,

administrative permit requirements, and

appeals. EPA has determined that the

continued presence of these rules in the

SIP is potentially confusing and thus

harmful to affected sources, local

agencies and to EPA. The intended

effect of this final action is to delete

these rules and make the SIP consistent

with the Clean Air Act as amended in

1990 (CAA or the Act).

DATES: Effective Date: This rule is

effective on December 16, 2004.

ADDRESSES: You may inspect copies of

the administrative record for this action

at EPA's Region IX office during normal

business hours. You may also see copies

of the rules at the locations listed in

SUPPLEMENTARY INFORMATION under

"Public Inspection."

FOR FURTHER INFORMATION CONTACT: Julie

A. Rose, Rulemaking Office (AIR-4), Air

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105; (415)

947-4126. E-mail: rose.julie@EPA.gov.

SUPPLEMENTARY INFORMATION:

Public Inspection

California Air Resources Board, Stationary

Source Division, Rule Evaluation Section,

1001 "" Street, Sacramento, CA 95814

Amador County Air Pollution Control

District, 500 Argonaut Lane, Jackson, CA

95642

Antelope Valley Air Pollution Control

District, 43301 Division Street, Suite 206,

Lancaster, CA 93539-4409

Bay Area Air Quality Management District,

939 Ellis Street, San Francisco, CA 94109

Butte County Air Quality Management

District, 2525 Dominic Drive, Suite J,

Chico, CA 95928-7184

Calaveras County Air Pollution Control

District, 891 Mountain Ranch Road, San

Andreas, CA 95249-9709

Colusa County Air Pollution Control District,

100 Sunrise Blvd., Suite F, Colusa, CA

95932-3246

El Dorado County Air Pollution Control

District, 2850 Fairlane Court, Building C,

Placerville, CA 95667-4100

Feather River Air Quality Management

District, 938-14th Street, Marysville, CA

95901-4149

Glenn County Air Pollution Control District,

720 North Colusa Street, Willows, CA

95988-0351

Great Basin Unified Air Pollution Control

District, 157 Short Street, Suite 6, Bishop,

CA 93514

Imperial County Air Pollution Control

District, 150 South Ninth Street, El Centro,

CA 92243-2801

Kern County (Southeast Desert) Air Pollution

Control District, 2700 M. Street, Suite 302,

Bakersfield, CA 93301-2370

Lake County Air Quality Management

District, 883 Lakeport Blvd., Lakeport, CA

95453-5405

Lassen County Air Pollution Control District,

175 Russell Avenue, Susanville, CA

96130-4215

Mariposa County Air Pollution Control

District, 5110 Bullion Street, Mariposa, CA

95338

Mendocino County Air Quality Management

District, 306 E. Gobbi Street, Ukiah, CA

95482

Modoc County Air Pollution Control District,

202 W. Fourth Street, Alturas, CA 96101

Mojave Desert Air Quality Management

District, 14306 Park Avenue, Victorville,

CA 92392-2310

Monterey Bay Unified Air Pollution Control

District, 24580 Silver Cloud Ct., Monterey,

CA 93940-6536

North Coast Unified Air Quality Management

District, 2300 Myrtle Avenue, Eureka, CA

95501-3327

Northern Sierra Air Quality Management

District, 200 Litton Drive, Suite 320, Grass

Valley, CA 95945-2509

Northern Sonoma County Air Pollution

Control District, 150 Matheson Street,

Healdsburg, CA 95448-4908

Placer County Air Pollution Control District,

11464 B Avenue, Auburn, CA 95603

San Diego County Air Pollution Control

District, 9150 Chesapeake Drive, San

Diego, CA 92123-1096

San Joaquin Valley Unified Air Pollution

Control District, 1990 East Gettysburg,

Fresno, CA 93726

San Luis Obispo County Air Pollution

Control District, 3433 Roberto Court, San

Luis Obispo, CA 93401-7126

Santa Barbara County Air Pollution Control

District, 26 Castilian Drive, B-23, Goleta,

CA 93117

Shasta County Air Quality Management

District, 1855 Placer Street, Suite 101,

Redding, CA 96001-1759

Siskiyou County Air Pollution Control

District, 525 South Foothill Drive, Yreka,

CA 96097-3036

HeinOnline -- 69 Fed. Reg. 67062 2004
Federal Register/Vol. 69, No. 220/Tuesday, November 16, 2004/Rules and Regulations

South Coast Air Quality Management

District, 21865 E. Copley Drive, Diamond

Bar, CA 91765

Tehama County Air Pollution Control

District, 1750 Walnut Street, Red Bluff, CA

96080

Tuolumne County Air Pollution Control

-District, 22365 Airport, Columbia, CA

95310

Ventura County Air Pollution Control

District, 669 County Square Drive, Ventura,

CA 93003

Yolo-Solano Air Quality Management

District, 1947 Galileo Court, Suite 103,

Davis, CA 95616

Throughout this document wherever

"we'l "us," or "our" are used, we mean

EPA.

Table of Contents

I. Proposed Action

II. Public Comments and EPA Responses

III. EPA Action

IV. Administrative Requirements

I. Proposed Action

On January 22, 2004 (69 FR 3045),

EPA proposed to delete various rules

from the California SIP, after

determining that they had been

approved into the SIP in error. Most of

these rules fall into one of the following

categories:

A. Rules that govern local hearing

board procedures and other

administrative requirements such as the

frequency of meetings, salaries paid to

board members, and petitioning for a

local hearing.

B. Administrative permit rules such

as those that describe procedures for

action, denial, appeal, reinstatement,

and posting of permits to operate.

Substantive local requirements to fulfill

CAA new source review and operating

permit provisions are Federally

approved or delegated elsewhere.

C. Variance provisions that provide

for modification of the requirements of

the applicable SIP. The variance

procedures included in today's action

are based in State law. See California

Health & Safety Code §§ 42350-64. State

or district-issued variances provide an

* applicant with a mechanism to obtain

relief from state enforcement of a State

or local rule under certain conditions.

Pursuant to Federal law, specifically

section 110(i) of the Clean Air Act, 42

U.S.C. 7410(i), neither EPA nor a State

may revise a State Implementation Plan

(SIP) by issuing an "order, suspension,

plan revision or other action modifying

any requirement of an applicable

implementation plan" without a plan

promulgation or -revision. EPA and

California have long recognized that a

state-issued variance, though binding as

a matter of State law, does not prevent

EPA from enforcing the underlying SIP

provisions unless and until EPA

approves that variance as a SIP revision.

The variance provisions included in

today's action are deficient for various

reasons, including their failure to

address the fact that a state or districtissued variance has no effect on Federal

enforceability unless the variance is

submitted to and approved by EPA as a

SIP revision. Therefore, their inclusion

in the SIP is inconsistent with the Act

and may be confusing to regulated

industry and the general public.

Moreover, because state-issued

variances require independent EPA

approval in order to modify the

substantive requirements of a SIP,

removal of these variance provisions

from the SIP will have no effect on

regulated entities. See Industrial

Environmental Association v. Browner,

No. 97-71117 (9th Cir., May 26, 2000).

D. Various provisions describing local

agency investigative or enforcement

authority including the authority to

inspect, make arrests, issue violation

notices, and issue orders for abatement.

States may need to adopt such rules to

demonstrate adequate enforcement

authority under section 110(a)(2) of the

Act, but they should not be approved

into the applicable SIP to avoid

potential conflict with EPA's

independent authorities provided in

§ 113, § 114 and elsewhere.

E. Local fee provisions that are not

economic incentive programs and are

not designed to replace or relax a SIP

emission limit. While it is appropriate

for local agencies to implement fee

provisions, for example, to recover costs

for issuing permits, it is generally not

appropriate to make local fee collection

federally enforceable.

II. Public Comments and EPA

Responses

EPA's proposed action provided a 30-

day public comment period. During this

period, we did not receive any public

comments.

Im. EPA Action

Based on further review, we have

decided not to finalize' our proposed

removal of Rule 230, Action on

Applications from the Mendocino

County Air Pollution Control District

(MCAPCD) portion of the California SIP.

These provisions appear appropriate for

inclusion in the SIP.

As authorized in section 110(k)(6) of

the Act, EPA is deleting all the rules

listed in the proposal from the

California SIP, with the exception of

MCAPCD Rule 230 as noted above.

In this action, EPA is also reinserting

a paragraph, listing EPA-approved rules

of the California SIP that were

inadvertently deleted from Title 40 of

the Code of Federal Regulations, part 52,

§ 52.220, paragraph (c)(31)(i)(A). On

December 8, 1976, at 41 FR 53661, EPA

published a final rulemaking action

approving Rules 200 to 216 of the Great

Basin Unified Air Pollution Control

District submitted by the California Air

Resources Board as revisions to the

California SIP. The listing of these rules

was inadvertently deleted from the Code

of Federal Regulations. Two of these

provisions, Rules 211 and 214, are being

removed from the SIP in the new

paragraph 52.220(c)(31)(i)(H). With

these changes, the CFR description of

the SIP will be up to date.

IV. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a "significant regulatory action" and

therefore is not subject to review by the

Office of Management and Budget. For

this reason, this action is also not

subject to Executive Order 32111,

"Actions Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use" (66 FR 28355, May

22, 2001). This action imposes no

additional requirements beyond those

imposed by State law. Accordingly, the

Administrator certifies that this rule

will not have a significant economic

impact on a substantial number of small

entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). Because this

rule does not impose any additional

enforceable duty beyond that required

by State law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Public Law 104-4).

This rule also does not have tribal

implications because it will not have a

substantial direct effect on one or more

Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution.of

power and responsibilities between the

Federal Government and Indian tribes,

as specified by Executive Order 13175

(65 FR 67249, November 9, 2000). Nor

will it have substantial direct effects on

the States, on the relationship between

the National Government and the States,

or on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999), because it does not

alter the relationship or the distribution

of power and responsibilities

established in the Clean Air Act. This

rule also is not subject to Executive

Order 13045, "Protection of Children

from Environmental Health Risks and

Safety Risks" (62 FR 19885, April 23,

67063 *

HeinOnline -- 69 Fed. Reg. 67063 2004
67064 Federal Register/Vol. 69, No. 220/Tuesday, November 16, 2004/Rules and Regulations

* 1997), because it is not economically

significant.

In this action, EPA is not developing

or adopting a technical standard. Thus,

the requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. This rule does

not impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a "major rule" as

defined by 5 U.S.C. 804(2).

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by January 18, 2005.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Reporting and

recordkeeping requirements.

Dated: October 22, 2004.

Keith Takata,

Acting Regional Administrator, Region IX.

0 Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52-[AMENDED]

* 1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart F-California

0 2. Section 52.220 is amended by

adding paragraphs: (b)(2)(iii), (b)(2)(iv),

(b)(7)(ii), (b)(10)(ii), (b)(12) through (14),

(c)(6)(i)(D), (c)(6)(ii)(C), (c)(6)(iii)(C), (c)(6)(iv)(C), (c)(6)(v)(C), (c)(6)(vi)(C)

through (D), (c)(6)(vii)(C), (c)(6)(viii)(B),

(c)(6)(ix)(B), (c)(6)(x)(C), (c)(6)(xi)(C),

(c)(6)(xii)(C), (c)(6)(xiii)(C), (c)(6)(xiv)(C),

(c)(6)(xvi)(C), (c)(6)(xx)(B), (c)(6)(xxiii)

through (xxiv), (c)(21)(viii)(C),

(c)(21)(xiv)(C), (c)(24)(iv)(C),

(c)(24)(vii)(F) through (G), (c)(24)(x)(F),

(c)(25)(i)(F), (c)(25)(ii)(E), (c)(26)(viii)(D),

(c)(26)(ix)(C), (c)(26)(xvi)(F),

(c)(26)(xvii)(E) through (G),

(c)(27)(vii)(E), (c)(27)(viii)(E),

(c)(28)(iv)(C), (c)(31)(i)(A), (c)(31)(i)(H)

and (I), (c)(31)(vi)(F), (c)(31)(xviii)(G),

(c)(32)(iii)(G), (c)(35)(xii)(I),

(c)(35)(xiii)(E), (c)(35)(xv)(G),

(c)(37)(v)(E), (c)(39)(ii)(H) through (I),

(c)(39)(iv)(H) and (I), (c)(39)(vii)(E),

(c)(39)(viii)(E), (c)(39)(x)(E), (c)(41)(x)(H)

through (I), (c)(42)(x)(D), (c)(47)(i)(E)

through (G), (c)(51)(xiii)(D),

(c)(51)(xiv)(E), (c)(51)(xx)(D),

(c)(52)(xiii)(F), (c)(52)(xvi)(D),

(c)(56)(ii)(D), (c)(58)(iii)(C), (c)(65)(iv)

through (v), (c)(79)(v)(B), (c)(80)(i)(F),

(c)(81)(i)(C), (c)(85)(vi)(D), (c)(85)(x)(C),

(c)(89)(iii)(D), (c)(93)(iii)(D),

(c)(93)(iv)(E), (c)(95)(vi)(B),

(c)(96)(iii)(D), (c)(98)(i)(F),

(c)(103)(xiii)(D), (c)(103)(xvii)(D), (c)(119)(i)(E), (c)(119)(ii)(B),

(c)(124)(ii)(C), (c)(124)(vii)(D), (c)(127)(i)

introductory text, (c)(127)(vii)(H)

through (I), (c)(137)(vi)(C),

(c)(137)(vii)(E) through (H),

(c)(138)(ii)(F), (c)(155)(v)(D),

(c)(159)(iii)(G), (c)(164)(i)(A)(3),

(c)(168)(i)(A)(6), (c)(168)(i)(E)(4),

(c)(171)(i)(D)(6), (c)(172)(i)(A)(4),

(c)(173)(i)(B)(3), (c)(175)(i)(A)(2),

(c)(175)(i)(B)(3), (c)(177)(i)(D)(4),

(c)(179)(i)(E)(5),(c)(184)(i)(B)(11),

(c)(199)(i)(D)(9), (c)(202)(i)( A)(2), (c)(230)(i)(E)(2), and (c)(262)(i)(A)(2),

and by revising (c)(127) introductory

text.

The additions and revision read as follows:

§ 52.220 Identification of plan. * * * * *

(b)***

(2) * * *

(iii) Previously approved on May 31,

1972 in paragraph (b) of this section and

now deleted without replacement for

implementation in the Lake Tahoe Air

Basin, Rules 2-17, 2-18, 2-19, and 2-

20.

(iv) Previously approved on May 31,

1972 in paragraph (b) of this section and

now deleted without replacement for

implementation in the Mountain

Counties Air Basin, Rules 2-17, 2-18,

2-19, 2-20. * * * * *

(7)* * *

(ii) Previously approved on May 31,

1972 in paragraph (b) of this section and

now deleted without replacement, Rules

17, 18, and 19. * * * * *

(10) * * *

(ii) Previously approved on May 31,

1972 in paragraph (b) of this section and

now deleted without replacement, Rules

2.4, 2.6, and 5.1 to 5.18. * * * * *

(12) California Air Resources Board.

(i) Previously approved on May 31,

1972 in paragraph (b) of this section and

now deleted without replacement,

California Health & Safety Code

§§ 24292, 24296 to 24303 (Variances);

§§ 24310 to 24323 (Procedure); and

§§ 24362.6 to 24363 and 24365.1 to

24365.12 (Rules and Regulations).

(13) El Dorado County Air Pollution

Control District.

(i) Previously approved on May 31,

1972 in paragraph (b) of this section and

now deleted without replacement, Rules

77, 78, 79, and 80.

(14) Imperial County Air Pollution

Control District.

(i) Previously approved on May 31,

1972 in paragraph (b) of this section and

now deleted without replacement, Rule

110.

* * * * *

(c) * * *

(6) * * * (i) * * *

(D) Previously approved on

September 22, 1972 in paragraph (c)(6)

of this section and now deleted without

replacement, Rules 18, 22, 23, and 24.

(ii) * * *

(C) Previously approved on

September 22, 1972 in paragraph (c)(6)

of this section and now deleted without

replacement, Rules 204, 206, 210, 211,

212, and 213.

(iii) * * *

(C) Previously approved on

September 22, 1972 in paragraph (c)(6)

of this section and now deleted without

replacement, Rules 1.6, 2.9, 2.10, 2.11',

2.12, and 4.2.

(iv) * * *

(C) Previously approved on

September 22, 1972 in paragraph (c)(6)

of this section and now deleted without

replacement, Rule 206.

(v) * * *

(C) Previously approved on

September 22, 1972 in paragraph (c)(6)

of this section and now deleted without

replacement, Rules 53, 54, 55, and 97.

(vi) * * *

(C) Previously approved on

September 22, 1972 in paragraph (c)(6)

HeinOnline -- 69 Fed. Reg. 67064 2004
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of this section and now deleted without

replacement for implementation in Kern

County, Southeast Desert Air Basin,

Rules 204, 206, 210, 211, 212, and 213.

(D) Previously approved on

September 22, 1972 in paragraph (c)(6)

of this section and now deleted without

replacement for implementation in Kern

County, San Joaquin Valley Air Basin,

Rules 107, 109, 206, 303, and 304.

(vii) * * *

(C) Previously approved on

September 22, 1972 in paragraph (c)(6)

of this section and now deleted without

replacement, Rules 206 and 518.

(viii) * * *

(B) Previously approved on

September 22, 1972 in paragraph (c)(6)

of this section and now deleted without

replacement, Rules 2.02, 2.04, 2.06,

2.10,. 2.11, 2.12, and 2.13.

(ix) * * *

(B) Previously approved on

September 22, 1972 in paragraph (c)(6)

of this section and now deleted without

replacement, Rule 206.

(x) * * *

(C) Previously approved on

September 22, 1972 in paragraph (c)(6)

of this section and now deleted without

replacement, Rule 206.

(xi) * * *

(C) Previously approved on

September 22, 1972 in paragraph (c)(6)

of this section and now deleted without

replacement, Rules 2.02, 2.04, 2.06,

2.10, 2.12, and 2.13.

(xii) * * *

(C) Previously approved on

September 22, 1972 in paragraph (c)(6)

of this section and now deleted without

replacement, Rule 206.

(xiii) * * *

(C) Previously approved on

September 22, 1972 in paragraph (c)(6)

of this section and now deleted without

replacement, Rule 206.

(xiv) * * *

(C) Previously approved on

September 22, 1972 in paragraph (c)(6)

of this section and now deleted without

replacement, Rule 206. * * * * *

(xvi) * * *

(C) Previously approved on

September 22, 1972 in paragraph (c)(6)

of this section and now deleted without

replacement, Rules 013, 015, 019, 020,

021, and 022. • * * * *

(xx) * * *

(B) Previously approved on

September 22, 1972 in paragraph (c)(6)

of this section and now deleted without

replacement, Rule 16. • * * * *

(xxiii) Shasta County Air Pollution

Control District.

(A) Previously approved on

September 22, 1972 in paragraph (c)(6)

of this section and now deleted without

replacement, Rule 2.17 and 2.22.

(xxiv) Ventura County Air Pollution

Control District.

(A) Previously approved on

September 22, 1972 in paragraph (c)(6)

of this section and now deleted without

replacement, Rule 22. * * * * *

(21) * * *

(viii) * * *

(C) Previously approved on August

22, 1977 in paragraph (c)(21)(viii)(A) of

this section and now deleted without

replacement, Rule 4.11. * * * * *

(xiv) * * *

(C) Previously approved on June 14,

1978 in paragraph (c)(21)(xiv)(A) of this

section and now deleted without

replacement, Rule 5.18. * * * * *

(24) * * *

(iv) * * *

(C) Previously approved on August

22, 1977 in paragraph (c)(iv)(A) of this

section and now deleted without

replacement, Rule 518. * * * * *

(vii) * * *

(F) Previously approved on August

22, 1977 in paragraph (c)(vii)(A) of this

section and now deleted without

replacement for implementation in Kern

County, Southeast Desert Air Basin,

Rule 518.

(G) Previously approved on August

22, 1977 in paragraph (c)(vii)(A) of this

section and now deleted without

replacement for implementation in Kern

County, San Joaquin Valley Air Basin,

Rule 518. * * * * *

(x) * * *

(F) Previously approved on August

15, 1977 in paragraph (c)(x)(A) of this

section and now deleted without

replacement, Rule 3. * . * * * .*

(25) * * *

(i) * * *

(F) Previously approved on August

22, 1977 in paragraph (c)(25)(i)(A) of

this section and now deleted without

replacement, Rule 518.

(ii) * * *

(E) Previously approved on August

22, 1977 in paragraph (c)(25)(ii)(A) of

this section and now deleted without

replacement, Rule 519. * * * * *

(26) * * *

(viii) * * *

(D) Previously approved on August

22, 1977 in paragraph (c)(26)(viii)(A) of

this section and now deleted without

replacement, Rule 617. (ix) * * *

(C) Previously approved on August

22, 1977 in paragraph (c)(26)(ix)(A) of

this section and now deleted without

replacement Rules 619 and 620. • * * * *

(xvi) * * *

(F) Previously approved on June 14,

1978 in paragraph (c)(26)(xvi)(B) of this

section and now deleted without

replacement, Rule 717.

(xvii) * * *

(E) Previously approved on June 14,

1978 in paragraph (c)(26)(xvii)(A) of this

section and now deleted without

replacement Rule 717 (Lake Tahoe Air

Basin).

(F) Previously approved on June 14,

1978 iA paragraph (c)(26)(xvii)(A) of this

section and now deleted without

replacement Rules 705 and 717

(Mountain Counties Air Basin).

(G) Previously approved on June 14,

1978 in paragraph (c)(26)(xvii)(A) of this

section and now deleted without

replacement Rules 701, 705, 707, 711 to

714, 716, and 717 (Sacramento Valley

Air Basin). * * * * *

(27) ....

(vii) * * *

(E) Previously approved on June 14,

1978 in paragraph (c)(27)(vii)(A) of this

section and now deleted without.

replacement Rule 717.

(viii) * * *

(E) Previously approved on June 14,

1978 in paragraph (c)(27)(viii)(A) and.

now deleted without replacement Rules

701, 702, 704 to 709, and 711 to 717. • * * * *

(28) * *

(iv) * * *

(C) Previously approved on August

22, 1977 in paragraph (c)(28)(iv)(A) of

this section and now deleted without

replacement Rule 717. • * * * *

(31) * * *

(i * * *

(A) Rules 200 to 216. * * * * *

(H) Previously approved on December

8, 1976 in paragraph (c)(31)(i)(A) of this

section and now deleted without

replacement Rules 211 and 214.

(I) Previously approved on June 6,

1977 in paragraph (c)(31)(i)(B) of this

section and now deleted without

replacement Rules 107 and 616. • * * * *

(vi)***

(F) Previously approved on November

9, 1978 in paragraph (c)(31)(vi)(C) of

this section and now deleted without

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replacement for implementation in the

Antelope Valley Air Pollution Control

District, Rules 211, 214, 215, and 216. * * * * *

(xviii) * * *

(G) Previously approved on January

24, 1978 in paragraph (c)(31)(xviii)(B) of

this section and now deleted without

replacement Rule 717. * * * * *

(32) * * *

(iii)* * *

(G) Previously approved on June 14,

1978 in paragraph (c)(32)(iii)(C) of this

section and now deleted without

replacement Rules 505 and 518. * * * * *

(35) * * *

(xii) * * *

(I) Previously approved on February

1, 1984 in paragraph (c)(35)(xii)(E) of

this section and now deleted without

replacement Rules 202, 206, 207, and

208.

(xiii) * * *

(E) Previously approved on March 22,

1978 in paragraph (c)(35)(xiii)(A) of this

section and now deleted without

replacement for implementation in the

San Joaquin Valley Air Basin, Rule 104. .* * * * *

(xv) * * *

(G) Previously approved on November

7, 1978 in paragraph (c)(35)(xv)(C) of

this section and now deleted without

replacement Rule 630.

(37) * * *

v) * * *

(E) Previously approved on December

6, 1979 in paragraph (c)(37)(v)(B) of this

section and now deleted without.

replacement Rule 717. * * * * *

(39)*

(ii) * * *

(H) Previously approved on

September 8, 1978 in paragraph

(c)(39)(ii)(C) of this section- and now

deleted without replacement for

implementation in the Mojave Desert

Air Quality Management District, Rule

517.

(I) Previously approved on November

9, 1978 in paragraph (c)(39)(ii)(B) of this

section and now deleted without

replacement for implementation in the

Mojave Desert Air Quality Management

District, Rules 210, 211, and 214 to 216. * * * * *

(iv) * * *

(H) Previously approved on November

9, 1978 in paragraph (c)(39)(iv)(B) of

this section and now deleted without

replacement for implementation in the

Mojave Desert Air Quality Management

District, Rules 210, 2.11, and 214 to 216.

(I) Previously approved on September

8, 1978 in paragraph (c)(39)(iv)(C) of

this section and now deleted without

replacement for implementation in the

Mojave Desert Air Quality Management

District, Rule 517. * * * * *

(vii) * * *

(E) Previously approved on August

16, 1978 in paragraph (c)(39)(vii)(A) of

this section and now deleted without

replacement Rule 514.

(viii) * * *

(E) Previously approved on September

14, 1978 in paragraph (c)(39)(viii)(A) of

this section and now deleted without

replacement Rules 600, 612, 613, 614,

615, 616, and 617. * * * * *

x) * * *

(E) Previously approved on September

14, 1978 in paragraph (c)(39)(x)(A) of

this section and now deleted without

replacement Rule 514. * * * * *

(41) * * *

(x) * *

(H) Previously approved on November

15, 1978 in paragraph (c)(41)(x)(A) of

this section and now deleted without

replacement Rule 706 (Mountain

Counties Air Basin).

(I) Previously approved on November

15, 1978 in paragraph (c)(41)(x)(A) of

this section and now deleted without

replacement Rules 702 to 704, 706, 708

to 710, and 715 (Sacramento Valley Air

Basin).

* * * * *

(42) * * *

Cx) * * *

(D) Previously approved on November

6, 1978 in paragraph (c)(42)(x)(A) of this

section and now deleted without

replacement Rules 700, 703, and 710. * * * * *

(47) * * *

i) * * *

(E) Previously approved on May 9,

1980 in paragraph (c)(47)(i)(A) of this

section and now deleted without

replacement for implementation in the

Antelope Valley Air Pollution Control

District Rule 1231.

(F) Previously approved on May 9,

1980 in paragraph (c)(47)(i)(A) of this

section and now deleted without

replacement for implementation in the

Mojave Desert Air Quality Management

District (Riverside County), Rules 1201

to 1205, 1209 to 1211, 1214, 1217, 1220,

1221, 1223, and 1224.

(G) Previously approved on May 9,

1980 in paragraph (c)(47)(i)(A) of this

section and now deleted without

replacement for implementation in the

South Coast Air Quality Management

District, Rules 1201 to 1205, 1209 to

1211, 1214, 1217, 1220, 1221, 1223, and

1224.

* * * * *

(51) * * *

(xiii) * * *

(D) Previously approved on May 18,

1981 in paragraph (c)(51)(xiii)(A) of this

section and now deleted without

replacement Rules 204, 207, 208, 209,

513, 517, and 519.

(xiv) * * *

(E) Previously approved on May 18,

1981 in paragraph (c)(51)(xiv)(A) of this

section and now deleted without

replacement Rules 702 to 704 and 707

to 710. * * * * *

(xx) * * *

(D) Previously approved on June 18,

1982 in paragraph (c)(51)(xx)(A) of this

section and now deleted without

replacement Rules 8 and 127. * * * * *

(52)* * *

(xiii) * * *

(F) Previously approved on May 18,

1981 in paragraph'(c)(52)(xiii)(D) of this

section and now deleted without

replacement Rules 504, 506, 512, and

513.

(xvi) * * *

(D) Previously approved on January

26, 1982 in paragraph (c)(52)(xvi)(A) of

this section and now deleted without

replacement Rules 5.0 to 5.3, 5.5 to 5.19,

and 6.1 to 6.7.

(56)* * * . ii) * * *

(D) Previously approved on June 18,

1982 in paragraph (c)(56)(ii)(B) of this

section and now deleted without

replacement Rule 27. * * * * *

(58)* * *

(iii) * * *

(C) Previously approved on June 18,

1982 in paragraph (c)(51)(iii)(B) of this

section and now deleted without

replacement Rule 203. * * * * *

(65) * * *

(iv) Previously approved on

September 28, 1981 in paragraph

(c)(65)(ii) of this section and now

deleted without replacement Rules

1206, 1208, 1212, 1213, 1215, 1216,

1218, 1219, 1222, and 1225 to 1230.

(v) Previously approved on September

28, 1981 in paragraph (c)(65)(ii) of this

section and now deleted without

replacement for implementation in the

Mojave Desert Air Quality Management

District (Riverside County), Rules 1206,

1208, 1212, 1213, 1215, 1216, 1218,

1219, 1222, and 1225 to 1230. * * * * *

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(79) * * *

(v) * * *

(B) Previously approved on

September 28, 1981 in paragraph

(c)(79)(v)(A) of this section and now

deleted without replacement Rule 14. * * * * *

(80) * * *

(i) * * *

(F) Previously approved on June 23,

1982 in paragraph (c)(80)(i)(C) of this

section and now deleted without

replacement Rules 504, 506, and 511 to

513.

* * * * *

(81) * * *

(i) * * *

(C) Previously approved on May 18,

1981 in paragraph (c)(81)(i)(A) of this

section and now deleted without

replacement Rules 512, 514, 519, and

520 to 524. * * * * *

(85) * * *

(vi) * * *

(D) Previously approved on April 12,

1982 in paragraph (c)(85)(vi)(A) of this

section and now deleted without

replacement Rules 2.7 and 2.8. * * * * *

(x) * * *

(C) Previously approved on-July 6,

1982 in paragraph (c)(85)(x)(A) of this

section and now deleted without

replacement for implementation in Kern

County, Southeast Desert Air Basin Rule

110.

• * * * *

(89) * * *

(iii) * * *

(D) Previously approved on April 12,

1982 in paragraph (c)(89)(iii)(B) of this

section and now deleted without

replacement Rules 4.7, 4.8, 4.9, 4.10,

5.4, and 6.0. * * * * *

(93) * * *

(iii) * * *

(D) Previously approved on June 18,

1982 in paragraph (c)(93)(iii)(B) of this

section and now deleted without

replacement Rules 503, 504, 506, and

518 to 521. * * * * *

(iv) * * *

(E) Previously approved on June 18,

1982 in paragraph (c)(93)(iv)(B) of this

section and now deleted without

replacement Rules 503, 504, 506, and

518 to 521. * * * * *

(95) * * *

(vi) * * *

(B) Previously approved on June 18,

1982 in paragraph (c)(95)(vi)(A) of this

section now deleted without

replacement for implementation in the

North Coast Unified Air Quality

Management District, Rule 250. * * * * *

(96) * * *

(iii) * * *

(D) Previously approved on January

26, 1982 in paragraph (c)(96)(iii)(A) of

this section and now deleted without

replacement Rule 96. * * * * *

(98) * * *

(i) * * *

(F) Previously approved on April 12,

1982 in paragraph (c)(98)(i)(B) of this

section and now deleted without

replacement Rules 4.7, 4.9, 4.10, 5.18,

9.7, and 9.8. * * * * *

(103) * * *

(xiii) * * * (D) Previously approved on May 27,

1982 in paragraph (c)(103)(xiii)(A) of

this section and now deleted without

replacement Rule 710. * * * * *

(xvii) * * *

(D) Previously approved on May 27,

1982 in paragraph (c)(103)(xvii)(A) of

this section and now deleted without

replacement Rules 503, 504, 506, and

518 to 521. * * * * *

(119) * * *

(i) * * *

(E) Previously approved on May 27,

1982 in paragraph (c)(119)(i)(A) of this

section and now deleted without

replacement Rule 520.

(ii) * * * (B) Previously approved on June 18,

1982 in paragraph (c)(119)(ii)(A) of this

section and now deleted without

replacement Rule 250. * * * * *

(124)

(ii) * * *

(C) Previously approved on November

10, 1982 in paragraph (c)(124)(ii)(A) of

this section and now deleted without

replacement Rules 631 and 660.1 to

660.3.

* * * * *

(vii) * * *

(D) Previously approved on November

10, 1982 in paragraph (c)(124)(vii)(A) of

this section and now deleted without

replacement Rule 620.

(127) New and amended regulations

for the following APCD's submitted on

February 3, 1983 by the Governor's

designee.

(i) Bay Area Air Quality Management

District.

* * * * *

(vii) * * *

(H) Previously approved on October

19, 1984 in paragraph (c)(127)(vii)(C) of

this section and now deleted without

replacement for implementation in the

Antelope Valley Air Pollution Control

District and the Mojave Desert Air

Quality Management District (Riverside

County), Rule 304.

(I) Previously approved on November

18, 1983 in paragraph (c)(127)(vii)(A) of

this section and now deleted without

replacement for implementation in the

Antelope Valley Air Pollution Control

District and the Mojave Desert Air

Quality Management District, Rules 302

and 303. * * * * *

(137) * * *

(vi) * * *

(C) Previously approved on February

1, 1984 in paragraph (c)(137)(vi)(A) of

this section and now deleted without

replacement Rule 2.18.

(vii) * * * (E) Previously approved on October

19, 1984 in paragraph (c)(137)(vii)(B) of

this section and now deleted without

replacement Rules 301, 301.1, and

301.2.

(F) Previously approved on October

19, 1984 in paragraph (c)(137)(vii)(B) of

this section and now deleted without

replacement for implementation in the

Antelope Valley Air Pollution Control

District, Rules 301 to 301.2.

(G) Previously approved on February

1, 1984 in paragraph (c)(137)(vii)(A) of

this section and now deleted without

replacement for implementation in the

Mojave Desert Air Quality Management

District (Riverside County) Rule 1207.

(H) Previously approved on February

1, 1984 in paragraph (c)(137)(vii)(A) of

this section and now deleted without

replacement for implementation in the

South Coast Air Quality Management

District Rule 1207. * * * * *

(138) * * *

(ii) * * *

(F) Previously approved on November

18, 1983 in paragraph (c)(138)(ii)(A) of

this section and now deleted without

replacement Rules 700, 702, and 703

(Mountain Counties Air Basin). * * * * *

(155) * * *

(v) * * *

(D) Previously approved on January

29, 1985 in paragraph (c)(155)(v)(A) of

this section and now deleted without

replacement Regulation 2, Rule 2-502. * * * * *

(159) * * *

(iii) * * *

(G) Previously approved on July 13,

1987 in paragraph (c)(159)(iii)(A) of this

section and now deleted without

replacement Rules 203, 210, and 211. * * * * *

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(164) * * * (i) * * *

(A) ***

(3) Previously approved on April 17,

1987 in paragraph (c)(164)(i)(A)(1) of

this section and now deleted without

replacement Rules 504, 506, 519, and

520.

• * * * *

(168) * * * (i) * * *

(A) ***

(6) Previously approved on February

3, 1987 in paragraph (c)(168)(i)(A)(1) of

this section and now deleted without

replacement Rules 423 and 425. • * * * *

(E) * * *

(4) Previously approved on February

3, 1987 in paragraph (c)(168)(i)(E)(1) of

this section and now deleted without

replacement Rules 2.12 and 5.10. • * * * *

(171) * * * (i) * * *

(D) * * *

(6) Previously approved on April 12,

1989 in paragraph (c)(171)(i)(D)(1) of

this section and now deleted without

replacement Rules 2:10, 2:26, 2:27, and

4:7.

• * * * *

(172) * * * (i) * * *

(A) ***

(4) Previously approved on April 12,

1989 in paragraph (c)(172)(i)(A)(1) of

this section and now deleted without

replacement Rules 2.8 and 2.9. • * * * *

(173) * * * (i) * * *

(B) * * *

(3) Previously approved on February

3, 1989 in paragraph (c)(173)(i)(B)(1) of

this section and now deleted without

replacement Rules 204 and 210. • * * * *

(175) * * * (i) * * *

(A) ***

(2) Previously approved on April 17,

1989 in paragraph (c)(175)(i)(A)(1) of

this section and now deleted without

replacement Rule 2:19. • * * * *

(B) * * *

(3) Previously approved on April 17,

1989 in paragraph (c)(175)(i)(B)(1) of

this section and now deleted without

replacement Rule 3:15. • * * * *

(177) * * * (i) * * *

(D) * * *

(4) Previously approved on April 16,

1991 in paragraph (c)(175)(i)(D)(1) of

this section and now deleted without

replacement Rule 518. * * * * *

(179) * * *

(i) * * *

(E) * * *

(5) Previously approved on November

4, 1996 in paragraph (c)(179)(i)(E)(1) of

this section and now deleted without

replacement Rule 2.10. * * * * *

(184) * * *

(i) * * *

(B) * * *

(11) Previously approved on May 13,

1999 in paragraph (c)(184)(i)(B)(7) of

this section and now deleted without

replacement Rules 214, 215, and 216. * * * * *

(199) * * *

(i) * * *

(D) * * *

(9) Previously approved on June 3,

1999 in paragraph (c)(199)(i)(D)(6) of

this section and now deleted without

replacement Rule 2040. * * * * *

(202) * * *

(i) * * *

(F) * * *

(2) Previously approved on July 7,

1997 in paragraph (c)(202)(i)(F)(1) of

this section and now deleted without

replacement Rule 3.1, paragraphs 403

and 406. * * * * *

(230) * * *

(i) * * *

(E) * * *

(2) Previously approved on May 2,

2001 in paragraph (c)(230)(i)(E)(1) of

this section and now deleted without

replacement Rule 422. * * * * *

(262) * * *

(i) * * *

(A) ***

(2) Previously approved on June 28,

1999 in paragraph (c)(262)(i)(A)(1) of

this section and now deleted without

replacement Regulation 1, Rules 402

and 402.1. * * * * *

[FR Doc. 04-25398 Filed 11-15-04; 8:45 am]

BILLING CODE 6560-50-P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. NHTSA 2004-19216]

RIN 2127-AD08

Federal Motor Vehicle Safety

Standards; Seating Systems

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Termination of rulemaking.

SUMMARY: This notice terminates a

rulemaking proceeding to amend

Federal Motor Vehicle Safety Standard

(FMVSS) No. 207, "Seating systems."

NHTSA is seeking to improve motor

vehicle seat performance in rear

impacts. The agency has conducted

extensive physical testing of seat backs,

computer modeling of seated occupants

in rear impacts and dynamic testing of

instrumented test dummies in vehicle

seats. However, additional research and

data analyses are needed to allow an

informed decision on a rulemaking

action in this area. Since the SemiAnnual Regulatory Agenda (Unified

Agenda) is intended to provide the

public with information on rulemaking

actions to be taken in the next year or

so, and since we do not anticipate being

able to take rulemaking action in this

area in that time frame, we are

terminating rulemaking proceedings on

this issue. Research into this area will

continue as time and resources allow,

particularly as it relates to the goal of

unifying FMVSS No. 202, "Head

restraints," and FMVSS No. 207 into a

single comprehensive rear impact

protection standard.

FOR FURTHER INFORMATION CONTACT: For

non-legal issues: Louis Molino, Office of

Crashworthiness Standards, NVS-112,

National Highway Traffic Safety

Administration, 400 Seventh Street,

SW., Washington, DC 20590. Telephone

(202) 366-1833. Fax: (202) 366-4329.

For legal issues: Eric Stas, Office of

Chief Counsel, NCC-112, National

Highway Traffic Safety Administration,

400 Seventh Street, SW., Washington,

DC 20590. Telephone: (202) 366-2992.

Fax: (202) 366-3820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background

II. Agency Activities

I1. Agency Rationale for Terminating

Rulemaking

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